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<h1>ORACLE TECHNOLOGY NETWORK DEVELOPMENT AND DISTRIBUTION LICENSE AGREEMENT</h1>
<p><br>
  &quot;We,&quot; &quot;us,&quot; and &quot;our&quot; refers to Oracle Corporation. 
  &quot;You&quot; and &quot;your&quot; refers to the individual or entity that 
  has ordered the programs from Oracle. &quot;Programs&quot; refers to the software 
  product which you have ordered and program documentation. &quot;License&quot; 
  refers to your right to use the programs under the terms of this agreement. 
  This agreement is governed by the substantive and procedural laws of California. 
  You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, 
  the courts of San Francisco, San Mateo, or Santa Clara counties in California 
  in any dispute arising out of or relating to this agreement. </p>
<p>We are willing to license the programs to you only upon the condition that 
  you accept all of the terms contained in this agreement. Read the terms carefully 
  and select the &quot;Accept&quot; button at the bottom of the page to confirm 
  your acceptance. If you are not willing to be bound by these terms, select the 
  &quot;Do Not Accept&quot; button and the registration process will not continue.</p>
<p><b>License Rights</b><br>
  We grant you a nonexclusive, nontransferable limited license to use the programs 
  only for purposes of developing and prototyping your applications. You may also 
  distribute the programs with your applications to your customers. If you want 
  to use the programs for any purpose other than as expressly permitted under 
  this agreement you must contact us, or an Oracle reseller, to obtain the appropriate 
  license. We may audit your use of the programs. Program documentation is either 
  shipped with the programs, or documentation may accessed online at http://otn.oracle.com/docs.</p>
<p><b>Ownership and Restrictions</b><br>
  We retain all ownership and intellectual property rights in the programs. You 
  may make a sufficient number of copies of the programs for the licensed use 
  and one copy of the programs for backup purposes.</p>
<p>You may not:<br>
  &middot;use the programs for any purpose other than as provided above;<br>
  &middot;distribute the programs unless accompanied with your applications;<br>
  &middot;charge your end users for use of the programs;<br>
  &middot;remove or modify any program markings or any notice of our proprietary 
  rights;<br>
  &middot;use the programs to provide third party training;<br>
  &middot;assign this agreement or give the programs, program access or an interest 
  in the programs to any individual or entity except as provided under this agreement;<br>
  &middot;cause or permit reverse engineering or decompilation of the programs;<br>
  &middot;disclose results of any program benchmark tests without our prior consent; 
  or,<br>
  &middot;use any Oracle name, trademark or logo.</p>
<p><b>Program Distribution</b><br>
  We grant you a nonexclusive, nontransferable right to copy and distribute the 
  programs to your end users provided that you do not charge your end users for 
  use of the programs and provided your end users may only use the programs to 
  run your applications for their business operations. Prior to distributing the 
  programs you shall require your end users to execute an agreement binding them 
  to terms consistent with those contained in this section and the sections of 
  this agreement entitled &quot;License Rights,&quot; &quot;Export,&quot; Disclaimer 
  of Warranties and Exclusive Remedies,&quot; &quot;No Technical Support,&quot; 
  &quot;End of Agreement,&quot; &quot;Relationship Between the Parties,&quot; 
  and &quot;Open Source.&quot; You must also include a provision stating that 
  your end users shall have no right to distribute the programs, and a provision 
  specifying us as a third party beneficiary of the agreement. You are responsible 
  for obtaining these agreements with your end users. </p>
<p>You agree to: (a) defend and indemnify us against all claims and damages caused 
  by your distribution of the programs in breach of this agreements and/or failure 
  to include the required contractual provisions in your end user agreement as 
  stated above; (b) keep executed end user agreements and records of end user 
  information including name, address, date of distribution and identity of programs 
  distributed; (c) allow us to inspect your end user agreements and records upon 
  request; and, (d) enforce the terms of your end user agreements so as to effect 
  a timely cure of any end user breach, and to notify us of any breach of the 
  terms.</p>
<p><b>Export</b><br>
  You agree that U.S. export control laws and other applicable export and import 
  laws govern your use of the programs, including technical data. You agree that 
  neither the programs nor any direct product thereof will be exported, directly, 
  or indirectly, in violation of these laws, or will be used for any purpose prohibited 
  by these laws including, without limitation, nuclear, chemical, or biological 
  weapons proliferation.</p>
<p><b>Disclaimer of Warranty and Exclusive Remedies</b></p>
<p>THE PROGRAMS ARE PROVIDED &quot;AS IS&quot; WITHOUT WARRANTY OF ANY KIND. WE 
  FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, 
  ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.</p>
<p>IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE 
  OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA 
  USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR 
  TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE 
  LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS 
  (U.S. $1,000).</p>
<p><b>No Technical Support</b><br>
  Our technical support organization will not provide technical support, phone 
  support, or updates to you for the programs licensed under this agreement.</p>
<p><b>Restricted Rights</b><br>
  If you distribute a license to the United States government, the programs, including 
  documentation, shall be considered commercial computer software and you will 
  place a legend, in addition to applicable copyright notices, on the documentation, 
  and on the media label, substantially similar to the following:<br>
  NOTICE OF RESTRICTED RIGHTS<br>
  &quot;Programs delivered subject to the DOD FAR Supplement are 'commercial computer 
  software' and use, duplication, and disclosure of the programs, including documentation, 
  shall be subject to the licensing restrictions set forth in the applicable Oracle 
  license agreement. Otherwise, programs delivered subject to the Federal Acquisition 
  Regulations are 'restricted computer software' and use, duplication, and disclosure 
  of the programs, including documentation, shall be subject to the restrictions 
  in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987). 
  Oracle Corporation, 500 Oracle Parkway, Redwood City, CA 94065.&quot;</p>
<p><b>End of Agreement</b><br>
  You may terminate this agreement by destroying all copies of the programs. We 
  have the right to terminate your right to use the programs if you fail to comply 
  with any of the terms of this agreement, in which case you shall destroy all 
  copies of the programs.</p>
<p>Relationship Between the Parties<br>
  The relationship between you and us is that of licensee/licensor. Neither party 
  will represent that it has any authority to assume or create any obligation, 
  express or implied, on behalf of the other party, nor to represent the other 
  party as agent, employee, franchisee, or in any other capacity. Nothing in this 
  agreement shall be construed to limit either party's right to independently 
  develop or distribute software that is functionally similar to the other party's 
  products, so long as proprietary information of the other party is not included 
  in such software.</p>
<p><b>Open Source</b><br>
  &quot;Open Source&quot; software - software available without charge for use, 
  modification and distribution - is often licensed under terms that require the 
  user to make the user's modifications to the Open Source software or any software 
  that the user 'combines' with the Open Source software freely available in source 
  code form. If you use Open Source software in conjunction with the programs, 
  you must ensure that your use does not: (i) create, or purport to create, obligations 
  of us with respect to the Oracle programs; or (ii) grant, or purport to grant, 
  to any third party any rights to or immunities under our intellectual property 
  or proprietary rights in the Oracle programs. For example, you may not develop 
  a software program using an Oracle program and an Open Source program where 
  such use results in a program file(s) that contains code from both the Oracle 
  program and the Open Source program (including without limitation libraries) 
  if the Open Source program is licensed under a license that requires any &quot;modifications&quot; 
  be made freely available. You also may not combine the Oracle program with programs 
  licensed under the GNU General Public License (&quot;GPL&quot;) in any manner 
  that could cause, or could be interpreted or asserted to cause, the Oracle program 
  or any modifications thereto to become subject to the terms of the GPL.</p>
<p><b>Entire Agreement</b><br>
  You agree that this agreement is the complete agreement for the programs and 
  licenses, and this agreement supersedes all prior or contemporaneous agreements 
  or representations. If any term of this agreement is found to be invalid or 
  unenforceable, the remaining provisions will remain effective.</p>
<p>Last updated: 5/7/02</p>
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